Kenneth Juan Figueroa

Contact Information

Kenneth Juan Figueroa is a partner in the firm’s Washington office and a member of the International Litigation and Arbitration Practice. He has substantial experience in international arbitration matters, particularly in Latin America.

Kenneth’s practice focuses on international disputes, particularly on investor-State matters, commercial arbitration, and sovereign representation. He principally represents foreign States and State-owned entities before U.S. federal courts and international arbitral tribunals, including those established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR).

In addition to his litigation and arbitration experience, Kenneth has represented sovereign entities in negotiating bond issuances and investment and commercial agreements, and has represented clients in connection with project financing. He has also represented clients called to testify in hearings before foreign legislatures.

Education:

Languages:

Spanish, Portuguese

Representative Experience

Anglo American Plc v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/14/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a major United Kingdom-based mining company under a bilateral investment treaty in connection with a nickel mining concession.

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12). Representing the Republic of El Salvador in an ICSID proceeding commenced by the subsidiary of a Canadian mining company under DR-CAFTA and the Salvadoran Investment Law in connection with an application for a mining concession.

TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26). Representing the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiary involved in the steel industry.

TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23). Representing the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiaries involved in the steel industry.

Crystallex International Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operating contract.

Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Represented the Bolivarian Republic of Venezuela in an UNCITRAL arbitration relating to the termination of a coal supply agreement.

Gold Reserve, Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a gold mining concession.

Representing the Republic of Ecuador in UNCITRAL proceedings brought by a U.S. company under a bilateral investment treaty in connection with a national court decision rendered against it in private litigation.

Represented a State-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.

Represented a State-owned naval engineering firm in ICC proceedings in connection with breach of contract claims relating to improvements on military vessels.

Represented a major Mexican conglomerate in an ICC arbitration against its former joint venture partner in connection with a contract dispute.

Represented a major U.S. bank in a complex multi-party ICC arbitration, and related litigation in aid of arbitration, concerning the control of a major Brazilian telecommunications company.

Represented a Swiss financial index manager in an ICC arbitration against a U.S. company in connection with a licensing and intellectual property disputes.

Represented a Brazilian mining company in ICC proceedings against an Argentine shipping corporation in connection with a maritime dispute.

Represented a U.S. company in ICDR proceedings against a Chilean mining company concerning the breach of a copper supply contract.

Defended a Mexican rubber producer in U.S. federal court and various state courts in connection with antitrust civil class actions by direct and indirect purchasers.

Advised a Mexican rubber producer in negotiations with the European Commission in connection with allegations of antitrust activity.

Advised and prepared a senior officer of a U.S. bank in connection with the presentation of testimony at hearings conducted by the Brazilian national congress to investigate a major bribery scandal.

Represented a U.S. corporation in a prosecutorial investigation concerning alleged criminal conduct.

Represented the central bank of a South American country in connection with sovereign debt restructuring.

Represented the central bank of a Central American country in connection with the negotiation and execution of investment management and custody agreements.

Assisted in the consultation and preparation of documents in connection with various project financings in Latin America.

Email Disclaimer

Transmitting information to us by e-mail unilaterally does not establish an attorney-client relationship or impose an obligation on either the law firm or even the receiving lawyer to keep the transmitted information confidential. By clicking "OK," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client. Thus, if you are not a client or someone we have agreed to consider as a prospective client, information you submit to us by e-mail may be disclosed to others or used against you.

If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed before such information is submitted. Thank you for your interest in Foley Hoag.